§ 5-1. Definitions.

As used in this chapter, unless otherwise provided, the following terms shall be defined as follows:

(1)

Animal means any non-human living creature, including without limitation dogs, cats, ferrets, rabbits, turtles, gerbils, hamsters, cows, horses, sheep, and other domestic animals or livestock.

(2)

Animal Control Officer means a person employed by the Department who meets the qualifications set forth in Section 828.27, Florida Statutes. Animal Control Officers shall be authorized to investigate, on public or private property, civil infractions relating to animal control or cruelty, to issue citations for violations of this chapter, and to assist in criminal investigations relating to animal control or cruelty.

(3)

Animal Rescue Organization means a humane society, animal welfare society, society for the prevention of cruelty to animals, or other such not-for-profit corporation or other legal entity devoted to the welfare, protection, and humane treatment of dogs, cats, or other animals that is duly registered with the Florida Department of State and the Florida Department of Agriculture and Consumer Services, as applicable, and with the appropriate authority in the jurisdiction in which the not-for profit legal entity is headquartered.

(4)

At large means off the responsible party's property, and not under the responsible party's physical custody and control.

(5)

Breeder means any person or entity that causes dogs or cats to reproduce, regardless of the size or number of litters produced. Any person or entity offering male dogs or cats for stud purposes shall be classified as a breeder. It is provided, however, that this classification shall not apply to: a hobby breeder, as defined in this section; or to a pet owner who breeds his or her own pet and keeps all of the offspring, so long as the total number of dogs kept on the premises does not constitute a kennel. For purposes of land use or land development regulations, an establishment used by a breeder for the breeding of dogs, except for a hobby breeder as provided in this chapter, shall be regulated as a kennel. Breeders that sell directly to the public shall also be subject to regulation as pet dealers.

(6)

Cat includes both male and female.

(7)

Control means the possession, ownership, care, or custody of animals.

(8)

Cruelty means any neglect or act of torture or torment that causes pain or suffering to an animal.

(9)

Department means the Miami-Dade County Animal Services Department.

(10)

Director means the Director of the Miami-Dade County Animal Services Department.

(11)

Dog includes both male and female.

(12)

Euthanasia technician means an employee or agent of the Department that is certified to euthanize animals in accordance with Section 828.058(4)(a), Florida Statutes.

(13)

Grooming means caring for the appearance and hygiene of an animal, including, without limitation, bathing, clipping, dipping, brushing, pedicure services, expressing anal glands, and ear cleaning.

(14)

Hobby breeder means a person or entity that is an active member of a national, state, or local breeder organization and that houses or breeds dogs or cats at or adjoining a private residence for the purpose of: improving the breed; exhibiting dogs or cats at shows operated by a national, state, or local breeder organization; or raising service animals or animals used for law enforcement or other types of work. A hobby breeder may sell no more than two (2) litters of puppies or kittens per year per household, so long as the total number of dogs kept on the premises does not constitute a kennel as defined in this section. A hobby breeder that sells more than two litters per year per household shall be deemed to be a pet dealer.

(15)

Housing facility means the larger structure within which primary enclosures containing animals are stored.

(16)

Intact means that the animal has not been sterilized.

(17)

Kennel. The following uses shall constitute a kennel:

(i)

The keeping of any dog or dogs, regardless of number, for sale, boarding, or treatment purposes, except by a hobby breeder as defined in this chapter or, as provided by law, in a dog hospital, dog beauty parlor, pet care center, pet shop, dog racing establishment, governmental agency, laboratory, or facility housing animals for medical research that is approved by a federal agency; or

(ii)

The keeping of dogs, six (6) months of age or older, on premises used for residential purposes, in excess of the following numbers: (a) four (4) dogs on property that is less than 1 acre in gross area, or in any individual residence unit in a multifamily zoning district; (b) six (6) dogs on property that is at least 1 acre but less than 2 acres in gross area; and (c) eight (8) dogs on property that is 2 acres or more in gross area; or

(iii)

The keeping of more than four (4) guard dogs on vacant property or on property used for business or industrial purposes.

(18)

Kitten means a cat that is less than four (4) months old.

(19)

Official certificate of veterinary inspection means a legible certificate of veterinary inspection signed by the examining veterinarian licensed by the state of origin and accredited by the United States Department of Agriculture, that shows the age, sex, breed, color, and health record of the dog or cat, the printed or typed names and addresses of the person or business from whom the animal was obtained, the consignor or seller, the consignee or purchaser, and the examining veterinarian, and the veterinarian's license number. The official certificate of veterinary inspection must list all vaccines and deworming medications administered to the dog or cat, including the manufacturer, vaccine, type, lot number, expiration date, and the dates of administration thereof, and must state that the examining veterinarian warrants that, to the best of his or her knowledge, the animal has no sign of contagious or infectious diseases and has no evidence of internal or external parasites, including coccidiosis and ear mites, but excluding fleas and ticks. The official certificate shall be on a form prescribed by the Florida Department of Agriculture and Consumer Services.

(20)

Person means an individual or a corporation, proprietorship, partnership, trust, association, or other legal entity.

(21)

Pet care center means an establishment, operating during daytime hours only, that provides supervised care for cats or dogs in an air-conditioned indoor facility for the purpose of the animal's general well-being, including supervised interaction with other cats or dogs, boarding, feeding, and grooming services. A pet care center shall not include breeding services. For purposes of this chapter, this classification shall include dog beauty parlors and mobile facilities that provide grooming services.

(22)

Pet dealer means any person that engages in the sale to the public of dogs or cats, regardless of number. This classification shall include pet shops as well as breeders who sell directly to the consumer. Animal rescue organizations and hobby breeders shall be exempt from this classification.

(23)

Pet shop means a retail establishment that, in the ordinary course of business, engages in the sale of dogs or cats.

(24)

Primary enclosure means a structure where an animal is housed and maintained, including without limitation cages, pens, and runs.

(25)

Professional means to provide a product or service, in commerce, for compensation or profit.

(25.1)

Public animal shelter means a facility that is used for housing or containing dogs or cats or other animals and that is operated by or on behalf of a state, county, municipality, or other governmental entity.

(26)

Puppy means a dog that is less than six (6) months old.

(27)

Responsible party means any person owning, harboring, or having custody or control of an animal. Wherever the term "owner" is used in this chapter, it shall mean responsible party.

(28)

Sale means the transfer of ownership in exchange for compensation or profit, including money, goods, and services. This definition shall not include adoption fees charged by an animal rescue organization.

(29)

Service animal means any dog that is individually trained to do work or perform tasks for the benefit of an individual with a disability (as defined in the Americans with Disabilities Act of 1990, 42 U.S.C. § 12102, and in 28 C.F.R. § 35.104, as may be amended from time to time).

(30)

Shelter means a structure, including without limitation a dog house or a stable, that protects an animal from sun, rain, and other inclement weather or environmental conditions.

(31)

Sterilize means to remove an animal's reproductive organs, whether by spaying or castration.

(32)

Structurally sound means that the physical condition of the structure meets the construction standards established by the applicable building code or the manufacturing industry.

(33)

Veterinarian means a person who is licensed to engage in the practice of veterinary medicine under Chapter 474, Florida Statutes, and is accredited by the United States Department of Agriculture.

(Ord. No. 08-10, § 1, 1-22-08; Ord. No. 14-76, § 1, 9-3-14)